[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44238-44241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18796]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 206
[Docket ID: FEMA-2018-0015]
RIN 1660-AA94
Removal of Dispute Resolution Pilot Program for Public Assistance
Appeals
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Emergency Management Agency (FEMA) is removing its
regulations regarding its Dispute Resolution Pilot Program (DRPP) for
the Public Assistance Program. The statutory authority for the DRPP
sunset on December 31, 2015.
DATES: This rule is effective August 30, 2018.
ADDRESSES: The docket for this rulemaking is available for inspection
using the Federal eRulemaking Portal at http://www.regulations.gov and
can be viewed by following that website's instructions.
FOR FURTHER INFORMATION CONTACT: Liza Davis, Associate Chief Counsel,
Regulatory Affairs, Office of Chief Counsel, Federal Emergency
Management Agency, 500 C Street SW,
[[Page 44239]]
Washington, DC 20472, 202-646-4046, or (email) [email protected].
SUPPLEMENTARY INFORMATION: Section 1105 of the Sandy Recovery
Improvement Act of 2013 (SRIA), Public Law 113-2, 127 Stat. 43 (Jan.
29, 2013), 42 U.S.C. 5189a note, directed FEMA to establish a Dispute
Resolution Pilot Program (DRPP). The DRPP allowed applicants to choose
arbitration by an independent review panel in lieu of a second appeal
to resolve disputes relating to Public Assistance projects. FEMA
published a final rule on August 16, 2013 (78 FR 49950) to establish
the DRPP. The regulation is located at 44 CFR 206.210.
Under section 1105 of SRIA, the authority to accept requests for
arbitration pursuant to the DRPP sunset on December 31, 2015. FEMA did
not receive any requests for arbitration under the DRPP. As the
authority for the DRPP has sunset, FEMA is now removing the regulations
from the CFR.
Regulatory Analysis
Administrative Procedure Act
The Administrative Procedure Act (APA) generally requires agencies
to publish a notice of proposed rulemaking in the Federal Register and
provide interested persons the opportunity to submit comments. See 5
U.S.C. 553(b) and (c). The APA provides an exception to this
requirement for rules of agency organization, procedure, or practice. 5
U.S.C. 553(b)(A). The final rule that established 44 CFR 206.210 was a
rule of agency organization, procedure, or practice, and was
promulgated without notice and comment rulemaking. This removal of that
rule is also a rule of agency organization, procedure, or practice.
Removing these regulations is consistent with FEMA's current statutory
authority and does not affect the substantive rights or interests of
the public.
The APA also provides an exception from notice and comment
procedures when an agency finds for good cause that those procedures
are impracticable, unnecessary, or contrary to the public interest. 5
U.S.C. 553(b)(B). FEMA finds good cause to issue this rule without
prior notice or comment, as such procedures are unnecessary. The
removal of these regulations would have no substantive effect on the
public because the statutory authority for the DRPP has sunset.
The APA generally requires that substantive rules incorporate a 30-
day delayed effective date. 5 U.S.C. 553(d). This rule, however, is
merely procedural and does not impose substantive requirements; thus,
FEMA finds that a delayed effective date is unnecessary.
Executive Orders 12866, 13563, and 13771
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs'') directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See OMB's Memorandum ``Guidance
Implementing Executive Order 13771, Titled `Reducing Regulation and
Controlling Regulatory Costs' '' (April 5, 2017).
SRIA included a sunset provision of December 31, 2015 for the DRPP.
Accordingly, the program is discontinued and there are no costs or cost
savings associated with removing the regulations regarding the DRPP.
This rule's benefits include a more streamlined CFR that reflects
current program options.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), and
section 213(a) of the Small Business Regulatory Enforcement Fairness
Act of 1996, Public Law 104-121, 110 Stat. 847, 858-9 (Mar. 29, 1996)
(5 U.S.C. 601 note) require that special consideration be given to the
effects of regulations on small entities. The RFA applies only when an
agency is ``required by section 553 . . . to publish general notice of
proposed rulemaking for any proposed rule.'' 5 U.S.C. 603(a). An RFA
analysis is not required for this rulemaking because FEMA is not
required to publish a notice of proposed rulemaking.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501-1504,
1531-1536, 1571, pertains to any rulemaking which is likely to result
in the promulgation of any rule that includes a Federal mandate that
may result in the expenditure by State, local, and Tribal governments,
in the aggregate, or by the private sector, of $100 million (adjusted
annually for inflation) or more in any one year. If the rulemaking
includes a Federal mandate, the Act requires an agency to prepare an
assessment of the anticipated costs and benefits of the Federal
mandate. The Act also pertains to any regulatory requirements that
might significantly or uniquely affect small governments. Before
establishing any such requirements, an agency must develop a plan
allowing for input from the affected governments regarding the
requirements.
FEMA has determined that this rulemaking will not result in the
expenditure by State, local, and tribal governments, in the aggregate,
nor by the private sector, of $100,000,000 or more in any one year as a
result of a Federal mandate, and it will not significantly or uniquely
affect small governments. Therefore, no actions are deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Paperwork Reduction Act of 1995
As required by the Paperwork Reduction Act of 1995 (PRA), Public
Law 104-13, 109 Stat. 163, (May 22, 1995) (44 U.S.C. 3501 et seq.),
FEMA may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number.
Due to this final rule, FEMA will remove FEMA Form 055-0-0-1,
Request for Arbitration and Recommendation resulting from Dispute
Resolution Pilot Program from information collection, OMB Control
Number 1660-0017, Public Assistance Program. Since the program is
discontinued, the form is no longer required, and FEMA is removing the
associated hour burden estimates which equal 60 hours. Thus, the total
hour burden for this collection is being reduced from 425,736 to
425,676.
Collection of Information
Title: Public Assistance Program.
OMB Number: 1660-0017.
[[Page 44240]]
FEMA Forms: FEMA Form 009-0-49 Request for Public Assistance; FEMA
Form 009-0-91 Project Worksheet (PW); FEMA Form 009-0-91A Project
Worksheet (PW)--Damage Description and Scope of Work Continuation
Sheet; FEMA Form 009-0-91B Project Worksheet (PW)--Cost Estimate
Continuation Sheet; FEMA Form 009-0-91C Project Worksheet (PW)--Maps
and Sketches Sheet; FEMA Form 009-0-91D Project Worksheet (PW)--Photo
Sheet; FEMA Form 009-0-120 Special Considerations Questions; FEMA Form
009-0-121 PNP Facility Questionnaire; FEMA Form 009-0-123 Force Account
Labor Summary Record; FEMA Form 009-0-124 Materials Summary Record;
FEMA Form 009-0-125 Rented Equipment Summary Record; FEMA Form 009-0-
126 Contract Work Summary Record; FEMA Form 009-0-127 Force Account
Equipment Summary Record; FEMA Form 009-0-128 Applicant's Benefits
Calculation Worksheet; and FEMA Form 009-0-111, Quarterly Progress
Reports.
Abstract: The information collected is utilized by FEMA to make
determinations for Public Assistance grants based on the information
supplied by the respondents.
Affected Public: State, Local or Tribal government.
Estimated Number of Respondents: 1012.
Estimated Number of Responses: 398,068.
Estimated Total Annual Burden Hours: 425,676.
Estimated Total Annual Respondent Cost: The estimated annual cost
to respondents for the hour burden is $26,306,779.
Estimated Respondents' Operation and Maintenance Costs: None.
Estimated Respondents' Capital and Start-Up Costs: None.
Estimated Total Annual Cost to the Federal Government: $805,311.96.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments,'' 65 FR 67249, November 9, 2000, applies to agency
regulations that have Tribal implications, that is, regulations that
have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes. Under this Executive Order, to the extent
practicable and permitted by law, no agency shall promulgate any
regulation that has Tribal implications, that imposes substantial
direct compliance costs on Indian Tribal governments, and that is not
required by statute, unless funds necessary to pay the direct costs
incurred by the Indian Tribal government or the Tribe in complying with
the regulation are provided by the Federal Government, or the agency
consults with Tribal officials.
FEMA is removing the DRPP regulations, whose legislative authority
has sunset. The removal of these regulations will have no substantive
effect on the public since the statutory authority for the program has
sunset and will not affect the substantive rights or interests of
Indian Tribal governments.
Executive Order 13132, Federalism
Executive Order 13132, ``Federalism,'' 64 FR 43255, August 10,
1999, sets forth principles and criteria that agencies must adhere to
in formulating and implementing policies that have federalism
implications, that is, regulations that have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. Federal agencies must closely examine
the statutory authority supporting any action that would limit the
policymaking discretion of the States, and to the extent practicable,
must consult with State and local officials before implementing any
such action.
FEMA has determined that this rulemaking does not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, and
therefore does not have federalism implications as defined by the
Executive Order.
National Environmental Policy Act of 1969 (NEPA)
Under the National Environmental Policy Act of 1969 (NEPA), as
amended, 42 U.S.C. 4321 et seq., an agency must prepare an
environmental assessment or environmental impact statement for any
rulemaking that significantly affects the quality of the human
environment. FEMA has determined that this rulemaking does not
significantly affect the quality of the human environment and
consequently has not prepared an environmental assessment or
environmental impact statement.
Rulemaking is a major Federal action subject to NEPA. Categorical
exclusion A3 included in the list of exclusion categories at Department
of Homeland Security Instruction Manual 023-01-001-01, Revision 01,
Implementation of the National Environmental Policy Act, Appendix A,
issued November 6, 2014, covers the promulgation of rules, issuance of
rulings or interpretations, and the development and publication of
policies, orders, directives, notices, procedures, manuals, and
advisory circulars if they meet certain criteria provided in A3(a-f).
This rule meets Categorical Exclusion A3(a), which covers rules of a
strictly administrative or procedural nature.
Congressional Review of Agency Rulemaking
Under the Congressional Review of Agency Rulemaking Act (CRA), 5
U.S.C. 801-808, before a rule can take effect, the Federal agency
promulgating the rule must submit to Congress and to the Government
Accountability Office (GAO) a copy of the rule; a concise general
statement relating to the rule, including whether it is a major rule;
the proposed effective date of the rule; a copy of any cost-benefit
analysis; descriptions of the agency's actions under the Regulatory
Flexibility Act and the Unfunded Mandates Reform Act; and any other
information or statements required by relevant executive orders.
FEMA has sent this final rule to the Congress and to GAO pursuant
to the CRA. The rule is not a ``major rule'' within the meaning of the
CRA. It will not have an annual effect on the economy of $100,000,000
or more; it will not result in a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions; and it will not have significant
adverse effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.
List of Subjects in 44 CFR Part 206
Administrative practice and procedure, Coastal zone, Community
facilities, Disaster assistance, Fire prevention, Grant programs--
housing and community development, Housing, Insurance,
Intergovernmental relations, Loan programs--housing and community
development, Natural resources, Penalties, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, the Federal Emergency
Management Agency amends 44 CFR part 206 as set forth below:
[[Page 44241]]
PART 206--FEDERAL DISASTER ASSISTANCE
0
1. The authority citation for part 206 is revised to read as follows:
Authority: Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121 through 5207; Homeland Security Act
of 2002, 6 U.S.C. 101 et seq.; Department of Homeland Security
Delegation 9001.1.
Sec. 206.210 [Removed and Reserved]
0
2. Remove Sec. 206.210.
Dated: August 23, 2018.
Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-18796 Filed 8-29-18; 8:45 am]
BILLING CODE 9110-11-P